Housing and Planning Bill (HC Bill 75)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Communities and
Local Government, are published separately as Bill 75—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Greg Clark has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:

In my view the provisions of the Housing and Planning Bill are compatible with the
Convention rights.

Contents

  1. Part 1

    New homes in England

    1. Chapter 1

      Starter homes

      1. 1. Purpose of this Chapter

      2. 2. What is a starter home?

      3. 3. General duty to promote supply of starter homes

      4. 4. Planning permission: provision of starter homes

      5. 5. Monitoring

      6. 6. Compliance directions

      7. 7. Interpretation of this Chapter

    2. Chapter 2

      Self-build and custom housebuilding

      1. 8. Definitions

      2. 9. Duty to grant planning permission etc

      3. 10. Exemption from duty

      4. 11. Further and consequential amendments

  2. Part 2

    Rogue landlords and letting agents in England

    1. Chapter 1

      Introduction

      1. 12. Introduction to this Part

    2. Chapter 2

      Banning orders

      1. Banning orders: key definitions

        1. 13. “Banning order” and “banning order offence”

      2. Imposition of banning orders

        1. 14. Application and notice of intended proceedings

        2. 15. Making a banning order

        3. 16. Duration and effect of banning order

      3. Consequences of banning order, including consequences of breach

        1. 17. Financial penalty for breach of banning order

        2. 18. Saving for illegal contracts

        3. 19. Banned person may not hold HMO licence etc

        4. 20. Management orders following banning order

      4. Anti-avoidance

        1. 21. Prohibition on certain disposals

    3. Chapter 3

      Database of rogue landlords and letting agents

      1. The database and its content

        1. 22. Database of rogue landlords and letting agents

        2. 23. Duty to include person with banning order

        3. 24. Power to include person convicted of banning order offence

        4. 25. Procedure for inclusion under section 24

        5. 26. Appeals

        6. 27. Information to be included in the database

        7. 28. Updating

        8. 29. Power to require information

      2. Access to information in the database

        1. 30. Access to database

        2. 31. Use of information in database

    4. Chapter 4

      Rent repayment orders

      1. Rent repayment orders: introduction

        1. 32. Introduction and key definitions

      2. Application for rent repayment order

        1. 33. Application for rent repayment order

        2. 34. Notice of intended proceedings

      3. Rent repayment order for breach of banning order

        1. 35. Order following breach of banning order

        2. 36. Amount of order under section 35

      4. Rent repayment order following offence

        1. 37. Order following offence

        2. 38. Amount of order under section 37: tenants

        3. 39. Amount of order under section 37: local housing authorities

        4. 40. Amount of order following conviction

      5. Enforcement of rent repayment order

        1. 41. Enforcement of rent repayment orders

      6. Local housing authority functions

        1. 42. Duty to consider applying for rent repayment orders

        2. 43. Helping tenants apply for rent repayment orders

      7. Amendments etc and interpretation

        1. 44. Rent repayment orders: consequential amendments

        2. 45. Housing benefit: inclusion pending abolition

        3. 46. Interpretation of Chapter

    5. Chapter 5

      Interpretation of Part 2

      1. 47. Meaning of “letting agent” and related expressions

      2. 48. General interpretation of Part

  3. Part 3

    Recovering abandoned premises in England

    1. 49. Recovering abandoned premises

    2. 50. The unpaid rent condition

    3. 51. Warning notices

    4. 52. Reinstatement

    5. 53. Methods for giving notices under sections 49 and 51

    6. 54. Interpretation of Part

    7. 55. Consequential amendment to Housing Act 1988

  4. Part 4

    Social housing in England

    1. Chapter 1

      Implementing the right to buy on a voluntary basis

      1. Funding of discounts offered to tenants

        1. 56. Grants by Secretary of State

        2. 57. Grants by Greater London Authority

      2. Monitoring compliance

        1. 58. Monitoring

      3. Amendments to other legislation

        1. 59. Disposal consents

        2. 60. Consequential changes to HCA’s duty to give grants

      4. Interpretation

        1. 61. Interpretation of Chapter

    2. Chapter 2

      Vacant high value local authority housing

      1. Payments to Secretary of State by Local Housing Authorities

        1. 62. Payments to Secretary of State

        2. 63. Housing to be taken into account

        3. 64. Procedure for determinations

        4. 65. More about determinations

        5. 66. Determinations in the first year that section 62 comes into force

        6. 67. Reduction of payment by agreement

        7. 68. Set off against repayments under section 62

      2. Duty to consider selling

        1. 69. Duty to consider selling vacant high value housing

      3. Amendments and interpretation

        1. 70. Local authority disposal of housing: consent requirements

        2. 71. Set off under section 11 of Local Government Act 2003

        3. 72. Interpretation of Chapter

    3. Chapter 3

      Reducing regulation

      1. 73. Reducing social housing regulation

    4. Chapter 4

      High income social tenants: mandatory rents

      1. 74. Mandatory rents for high income social tenants

      2. 75. Meaning of “high income” etc

      3. 76. Information about income

      4. 77. HMRC information

      5. 78. Power to increase rents and procedure for changing rents

      6. 79. Payment by local authority of increased income to Secretary of State

      7. 80. Provision of information to Secretary of State

      8. 81. Enforcement by Regulator of Social Housing

      9. 82. Interaction with other legislation and consequential amendments

      10. 83. Interpretation of Chapter

  5. Part 5

    Housing, estate agents and rentcharges: other changes

    1. Accommodation needs in England

      1. 84. Assessment of accommodation needs

    2. Housing regulation in England

      1. 85. Licences for HMO and other rented accommodation: additional tests

      2. 86. Financial penalty as alternative to prosecution under Housing Act 2004

    3. Housing information in England

      1. 87. Tenancy deposit information

      2. 88. Use of information obtained for certain other statutory purposes

    4. Enforcement of estate agents legislation

      1. 89. Estate agents: lead enforcement authority

    5. Enfranchisement and extension of long leaseholds

      1. 90. Enfranchisement and extension of long leaseholds: calculations

    6. Rentcharges

      1. 91. Redemption price for rentcharges

  6. Part 6

    Planning in England

    1. Neighbourhood planning

      1. 92. Designation of neighbourhood areas

      2. 93. Timetable in relation to neighbourhood development orders and plans

      3. 94. Making neighbourhood development orders and plans: intervention powers

      4. 95. Local planning authority to notify neighbourhood forum of applications

    2. Local planning

      1. 96. Power to direct amendment of local development scheme

      2. 97. Power to give direction to examiner of development plan document

      3. 98. Intervention by Secretary of State

      4. 99. Secretary of State’s default powers

      5. 100. Costs of independent examinations held by Secretary of State

    3. Planning in Greater London

      1. 101. Planning powers of the Mayor of London

    4. Permission in principle and local registers of land

      1. 102. Permission in principle for development of land

      2. 103. Local planning authority to keep register of particular kinds of land

    5. Planning permission etc

      1. 104. Approval condition where development order grants permission for building

      2. 105. Planning applications that may be made directly to Secretary of State

      3. 106. Local planning authorities: information about financial benefits

    6. Nationally significant infrastructure projects

      1. 107. Development consent for projects that involve housing

    7. Urban development corporations

      1. 108. Designation of urban development areas: procedure

      2. 109. Establishment of urban development corporations: procedure

      3. 110. Sections 108 and 109: consequential repeals

  7. Part 7

    Compulsory purchase etc

    1. Right to enter and survey land

      1. 111. Right to enter and survey land

      2. 112. Warrant authorising use of force to enter and survey land

      3. 113. Notice of survey and copy of warrant

      4. 114. Enhanced authorisation procedures etc. for certain surveys

      5. 115. Right to compensation after entry on or survey of land

      6. 116. Offences in connection with powers to enter land

      7. 117. Right to enter and survey Crown land

    2. Confirmation and time limits

      1. 118. Timetable for confirmation of compulsory purchase order

      2. 119. Confirmation by inspector

      3. 120. Time limits for notice to treat or general vesting declaration

    3. Vesting declarations: procedure

      1. 121. Notice of general vesting declaration procedure

      2. 122. Earliest vesting date under general vesting declaration

    4. Possession following notice to treat etc

      1. 123. Extended notice period for taking possession following notice to treat

      2. 124. Counter-notice requiring possession to be taken on specified date

      3. 125. Agreement to extend notice period for possession following notice to treat

      4. 126. Corresponding amendments to the New Towns Act 1981

      5. 127. Abolition of alternative possession procedure following notice to treat

      6. 128. Extended notice period for taking possession following vesting declaration

    5. Compensation

      1. 129. Making a claim for compensation

      2. 130. Making a request for advance payment of compensation

      3. 131. Power to make and timing of advance payment

      4. 132. Interest on advance payments of compensation

      5. 133. Repayment of advance payment where no compulsory purchase

    6. Disputes

      1. 134. Objection to division of land

      2. 135. Power to quash decision to confirm compulsory purchase order

      3. 136. Extension of compulsory purchase time limit during challenge

    7. Power to override easements and other rights

      1. 137. Power to override easements and other rights

      2. 138. Compensation for overridden easements etc

      3. 139. Amendments to do with sections 137 and 138

  8. Part 8

    General

    1. 140. Power to make transitional provision

    2. 141. Power to make consequential provision

    3. 142. Regulations: general

    4. 143. Extent

    5. 144. Commencement

    6. 145. Short title

    1. Schedule 1

      Financial penalty for breach of banning order

    2. Schedule 2

      Banned person may not hold HMO licence etc

    3. Schedule 3

      Management orders following banning order

    4. Schedule 4

      Financial penalty as alternative to prosecution under Housing
      Act 2004

    5. Schedule 5

      Enfranchisement and extension of long leaseholds:
      calculations

    6. Schedule 6

      Permission in principle for development of land: minor and
      consequential amendments

    7. Schedule 7

      Notice of general vesting declaration procedure

    8. Schedule 8

      Abolition of alternative possession procedure following notice
      to treat

    9. Schedule 9

      Objection to division of land following notice to treat

      1. Part 1

        Amendments to Compulsory Purchase Act 1965

      2. Part 2

        Consequential amendments

    10. Schedule 10

      Objection to division of land following vesting declaration

      1. Part 1

        Amendments to Compulsory Purchase (Vesting Declarations)
        Act 1981

      2. Part 2

        Consequential amendment

    11. Schedule 11

      Amendments to do with sections 137 and 138